Victorian Current Acts

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CONSERVATION, FORESTS AND LANDS ACT 1987 - SECT 82GA

Requirements for abolition where recognition and settlement agreement applies

    (1)     If a Traditional Owner Land Management Board has been appointed as part of giving effect to a recognition and settlement agreement, the Minister must not make a determination under section 82G unless—

        (a)     the Minister is satisfied that the Board has substantially failed to perform the powers, duties and functions conferred on the Board by or under this or any other Act; or

        (b)     the Minister has the agreement of the traditional owner group entity to the abolition of the Board.

    (2)     Before making a decision under subsection (1), the Minister must—

        (a)     advise the Board that there is a proposal to abolish the Board and the reasons for that proposal; and

        (b)     allow the Board or its representative a reasonable opportunity to make written or oral submissions to the Minister.

    (3)     In making a decision under subsection (1) the Minister must have regard to any submissions made by the Board under section (2)(b).

Division 3—Functions, powers and duties of Traditional Owner Land Management Boards

S. 82H inserted by No. 82/2009 s. 38.



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